Experience

Lost Profits

A Sample of our Experience

Lost Profits
Valuation of Business and Intellectual Property
Anti-trust and Unfair Business Practices
Lost Earnings
Accounting Malpractice
Arbitrator/Special Master

Developed a lost profits analysis for a biotech company. The analysis consisted of quantifying the size and value of a yet undeveloped market, and the lost value occurring because of interrupted research.
Developed a lost profits analysis in a breach of fiduciary duty claim against a joint venture partner. The analysis included valuation of the proposed joint venture and damages due to business interruption.
Calculated damages incurred by a contractor as caused by an impairment of capital. Addressed related causation issues.
On numerous occasions, calculated damages in connection with patent infringement. This work has included both lost profits and reasonable royalties.
On numerous occasions, analyzed business value of a start-up enterprise. This work involved analysis of what occurred subsequently, market size, competition and competitive position, and viability of business plans.
Calculated direct and consequential damages involving a product safety recall. The consequential damages involved loss of customers and goodwill.
Developed a lost profits analysis resulting from the property's delayed opening due to construction problems.
Developed a lost profits analysis involving lender liability allegations related to a software company.

Valuation of Business and Intellectual Property

Performed valuation support for a major motion picture studio in connection with a lawsuit. Appraised the value of the current slate, film library and minority interests in various foreign exhibition houses. Assisted various attorneys in taking opposing expert's deposition. Provided deposition testimony.
Provided valuation services to a dissenting shareholder of a closely-held corporation. This matter was litigated for over three years. Provided deposition and discovery support. Prepared a lengthy demonstrative evidence presentation. Fulcrum executives provided deposition and courtroom testimony.
Prepared an intellectual property valuation (i.e. customer list) for a manufacturer involved in a theft of trade secrets matter. Prepared an income approach to determine the value. Provided testimony.
Provided valuation services to the shareholders of a distribution business according to the buy-sell agreement enacted by the shareholders upon business formation. Provided testimony during the arbitration and prepared cross-examination questions for the opposing expert.
Prepared a patent valuation for an inventor in a breach of fiduciary duty matter. Prepared a market assessment and a forecast of what the new invention might be able to generate given the circumstances. Prepared a competitive analysis. Prepared the final value indications using a discounted cash flow analysis. Assisted counsel in settling this matter.
Prepared a valuation of a biotech company as a result of a patent dispute. Prepared a business landscape analysis including a market assessment, competitive analysis and revenue forecast. Utilized the income and market approaches to determine value indications. Provided deposition testimony.
Prepared a valuation for (i) a covenant not to compete and (ii) a manufacturing company for a breach of contract matter. Prepared an income approach and multiple market approaches. Provided deposition testimony and assisted counsel in taking the deposition of opposing witnesses.
Provided valuation services to the holder of various film rights including DVD/home video, sequel and remake rights. Assisted counsel in settling the case.
Determined the intrinsic value of a Fortune 500 company's stock price for a securities litigation case. Created multiple models under various scenarios. Performed industry and company specific research. Utilized discounted cash flow analysis, guideline company multiples, and transaction multiples as indications of value.
Prepared a valuation of a biotech company during a shareholder dispute. This company was developing an encapsulation process for pharmaceutical drugs to cure diabetes and some forms of cancer. Prepared a market assessment and a competitive analysis including alternative therapies and substitutes. Provided testimony and assisted counsel take the deposition of opposing witnesses.
Performed an investment analysis on a $100 million bond offering for a national investment bank to determine potential damages. Assisted in the credit analysis and company valuation process from the perspective of the institutional investor. Performed industry related research and created the valuation models. Provided deposition testimony.
Prepared a trademark and business valuation for a services company. Analyzed the loss of trade secrets as well as the customer list. Utilized a discounted cash flow model to determine the lost value. Provided deposition testimony.

Anti-trust and Unfair Business Practices

Valued lost stock options that were forfeited as a result of a claimed wrongful termination.
Performed numerous lost earnings claims (over one hundred) involving claimed injuries from a series of medical products.
Quantified the amounts due to a former studio head in connection with his employment contract. Analyzed market size and growth. Forecasted future revenues, costs, and profits for the various entertainment properties.
Performed a statistical analysis showing gender discrimination. Calculated damages using a statistical model of performance and what other employees were compensated.
Calculated lost earnings involving hundreds of persons involved in an environmental mass tort case. The plaintiffs varied considerably in terms of age, income, and other demographic factors. The calculations used a complex computer model that incorporated, age, prior earnings history, claimed ailment, education, and family background.
Performed a lost earning calculation involving the wrongful death (airplane crash) of an extremely successful entrepreneur who was responsible for a portfolio of business interests.

Lost Earnings

Valued lost stock options that were forfeited as a result of a claimed wrongful termination.
Performed numerous lost earnings claims (over one hundred) involving claimed injuries from a series of medical products.
Quantified the amounts due to a former studio head in connection with his employment contract. Analyzed market size and growth. Forecasted future revenues, costs, and profits for the various entertainment properties.
Performed a statistical analysis showing gender discrimination. Calculated damages using a statistical model of performance and what other employees were compensated.
Calculated lost earnings involving hundreds of persons involved in an environmental mass tort case. The plaintiffs varied considerably in terms of age, income, and other demographic factors. The calculations used a complex computer model that incorporated, age, prior earnings history, claimed ailment, education, and family background.
Performed a lost earning calculation involving the wrongful death (airplane crash) of an extremely successful entrepreneur who was responsible for a portfolio of business interests.

Accounting Malpractice

Investigated a financial failure and whether the auditing financial statements properly reflected the historical results of the failed company. Discovered massive financial misreporting and how the auditors failed to catch the problem.
In combination with several college and graduate school professors, we have provided assistance to counsel in cases alleging accounting, auditing and tax malpractice. We evaluated compliance with professional standards including Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS).
Assisted counsel in connection with a class action lawsuit and criminal investigation of an international public accounting firm. We provided analysis, developed case strategy, prepared audit team witnesses for deposition and assisted with expert witness analysis.
Analyzed a financial fraud performed by a financial executive to determine the amounts involved and how the fraud was perpetrated. Analyzed whether the accounting firm that performed a review had met the standard of care for the type of report issued. Analyzed claims of consequential damages.
Analyzed claims that a CPA had aided the theft and breach of fiduciary duty of a general partner that defrauded a series of limited partnership syndications. Analyzed damages by addressing what investment results would have been achieved under various scenarios of alleged wrongful conduct of the general partner.
Assisted counsel in a securities class action lawsuit against one of the international public accounting firms. Assisted counsel in preparing the Motion for Summary Judgment which the judge granted.

Arbitrator/Special Master

Court appointed appraiser or accountant regarding the amounts that should be distributed to shareholders/partners in a liquidation. Such matters generally involve analysis and potential restatement of existing accounting records.
Court or party appointed appraiser to establish the purchase price of a company (e.g., California Corporations Code Section 2000).
Arbitrator involving the amount of a contractual purchase price adjustment relating to the sale of a company.
Court appointed referee to determine the use and distribution of funds in a business.
Court appointed expert to assess the reliability and appropriateness of previously issued financial statements and other accounting reports.
Arbitrator involving purchase price adjustments of a public company operating outpatient surgery centers.
CCourt appointed bankruptcy examiner. Each of these engagements investigated allegations of fraud, assessed the opportunities for the debtor to reorganize, and addressed other financial matters specified by the court.
Arbitrator involving purchase price adjustments of a major healthcare transportation company.